CWPIL No. 144 of 2017 .

28.11.2017 Present: Ms. Jyotsna Rewal Dua, Senior Advocate, with Ms. Charu Bhatnagar, Advocate, as Amicus Curiae.

Mr. Shrawan Dogra, Advocate General, with Mr. Anup Rattan, Additional Advocate General, for the State.

Mr. Satyen Vaidya, Senior Advocate, with Mr. Vivek Sharma, counsel for respondent No. 6.

Mr. Rahul Mahajan, counsel for Indian Railways.

Mr. Dushyant Dadhwal, counsel for respondent No. 9.

Mr. Anand Sharma, counsel for respondent No. 11.

Mr. Aman Sood, counsel for respondent No .12.

Mr. Vikas Rathore, Senior Panel Counsel, for respondent No. 13.

Mr. Tara Singh Chauhan, counsel for the Pollution Control Board.

Mr. Ankush Dass Sood, Senior Advocate, with Mr. Arjun Lall, Advocate, Amicus Curiae.

On the basis of record, emanating from CWP No. 312 of 2017, titled as Rajesh Kumar Sood Vs. State of H.P., this Court vide order, dated 19th September, 2017 directed the Registry to register a separate petition, which being the instant petition, was registered as CWPIL No. 144 of 2017. What prompted the Court to register a separate CWPIL, was the importance and significance of the issues, involving larger public interest, canvassed by the writ petitioner, who subsequently, for reasons best known to him, sought to withdraw the petition.

2. In the original petition, the issue primarily pertained to alleged encroachments, carried out by different persons over public ::: Downloaded on - 30/11/2017 23:29:13 :::HCHP land belonging to the railway authorities and more specifically along .

the railway tracks within the State of Himachal Pradesh.

3. Taking note of the fact that in Himachal Pradesh, there are three railway tracks, one of which is declared as a World Heritage site by UNESCO, this Court, with the registration of the present petition, on 19th September, 2017, issued certain directions for

4. to removing encroachments over the railway property.

We were concerned with three railway tracks, namely: (i) Kalka-Shimla Heritage Track ; a UNESCO World Heritage site ; (ii) Pathankot-Jogindernagar railway track, again a Century old railway track and (iii) Nangal-Talwara track.

5. Happily, large number of encroachments already stand removed and unauthorized structures demolished. Some work in this regard is still pending.

6. Further, during the course of hearing of the instant petition, we were informed that inspection for renewal of Heritage status of Kalka-Shimla railway line as World Heritage UNESCO Site is likely to take place in the near future, as renewal has to take place within one year from now. We were also informed that there were certain places on this track where sewage/waste water was being openly thrown. In this background, on 14th November, 2017, we passed the following order :-

"Mr. Rahul Mahajan, learned counsel for Indian Railways states that on Kalka-Shimla Track there are certain places where sewage/waste water from private houses is being openly thrown on the railway track. Let respondent No. 10-Divisional Manager file his personal affidavit pointing out such places ::: Downloaded on - 30/11/2017 23:29:13 :::HCHP within a week. Let the said Officer remain present in the Court on 21.11.2017.

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We are also informed that the inspection for renewal of the Heritage status of the Kalka-Shimla Railway Line as a World Heritage UNESCO Site is likely to take place in the near future and within one year from today. In the affidavit, let respondent No. 10-Divisional Manager explain the steps taken for meeting out the requirements of renewal."

7. On the next date of hearing, we were informed by the railway authorities that despite written communication(s), no action was taken by the authorities, constituted under the Water (Prevention and Control of Pollution) Act, 1974 (hereinafter referred to as the Act) and other environmental laws of the land. Consequently, we impleaded the H.P. State Pollution Control Board as a party and issued notice.

8. Mr. Rahul Mahajan, Advocate, also stated that at Parwanoo, an industrial township, effluents were being released by certain industries/polluters in open streams. Discharge of such effluents is causing severe damage to the railway property, more so bridges which are century old.

9. In response thereto, Mr. Tara Sigh Chauhan, Advocate, learned counsel for the Board, has today handed over to us an affidavit, revealing shocking state of affairs, vis-à-vis the functioning of the authorities under the Act and implementation of environmental laws. There is neither any Sewerage Treatment Plant nor any Solid Waste Processing Unit at Parwanoo. Also, there is no mechanism to process the effluents. At this point of time, we need not say more, save and except, that only on the prodding of the ::: Downloaded on - 30/11/2017 23:29:13 :::HCHP Court, the Board rose from slumber and issued notice for .

disconnection of electricity of one of the stake holders. We are informed that the duty cast under the environmental laws is actually that of Municipal Council, Parwanoo, to whom notice of disconnection of electricity already stands issued.

10. At this stage, Mr. Rahul Mahajan, Advocate, informs that insofar as the specific site of the bridge, which is likely to be effected as a result of effluent being openly discharged by the industrial units, there are four more polluters, namely (i) Daljeet Electroplanting; (ii) Aadhunik Agro Pvt. Ltd ; (iii) Shivalik Industrial Limited and (iv) Universal Power Product. This is as per instructions imparted by Mr. D.K. Bajan, ADEN, Shimla, Northern Railways.

11. Under these circumstances, we direct the Secretary, H.P.

Pollution Control Board to forthwith have the site inspected and if necessary, issue orders for disconnection of electricity and water connection of these polluting units.

12. We implead H.P. State Electricity Board, through its Secretary, Kumar House, Shimla as party respondent. Mr. Vivek Sharma, Advocate, waives notice.

13. Mr. Satyen Vaidya, learned Senior Advocate, states that with the orders being issued by the Pollution Control Board, electricity of the units shall be disconnected forthwith. Mr. Anup Rattan, learned Additional Advocate General, states that water connection shall also be disconnected.

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14. Mr. Shrawan Dogra, learned Advocate General, states that all .

assistance shall be rendered by the district administration, including deployment of police force, if so required.

15. It is not in dispute before us that within the territorial limits of Municipal Council, Parwanoo, there is neither a sewage treatment plant nor any mechanism for processing and dealing with municipal solid waste.

16. to Mr. T.S. Chauhan, Advocate, invites our attention to the fact that since the year 2015, Pollution Control Board has been taking up the issue with the authorities, but the fact of the matter being that at the ground level, nothing has been done and things have remained as it is.

17. At this stage, Ms. Seema Guleria, Advocate, who is otherwise assisting the Court as an Amicus Curiae in other matters, states that new technology (Black Hole) is available to deal with solid waste, and that too, at low cost and in an efficient manner. And all this, without segregating the waste material. She states that the entrepreneur possessing such technology has approached the authorities, highlighting that certain States have already used the same. Well, at this stage, we do not want to comment about the feasibility thereof, but definitely it requires consideration of the authorities and as such, we leave it open for them to do so at the earliest.

18. We direct the Secretary (Urban Development) to file a separate affidavit dealing with the issue, more specifically the ::: Downloaded on - 30/11/2017 23:29:13 :::HCHP mechanism which can be provided on urgent basis in dealing with .

municipal solid waste at Parwanoo.

19. Since Parwanoo is the first industrial township of the State and Gateway to the State of Himachal Pradesh, we are certain that sold waste and sewage cannot be allowed to be thrown in the open and kept unprocessed. As such, we deem it appropriate to segregate this issue and direct registration of a separate CWPIL to exclusively deal with the same. Registry to take necessary action.

20. The following shall be impleaded as party-respondents in the same:-

1. State of Himachal Pradesh through Secretary (Urban Development) to the Government of Himachal Pradesh, Shimla.

2. Principal Secretary (Industrial) to the Government of Himachal Pradesh, Shimla.

3. Principal Secretary (Urban Development) to the Government of Himachal Pradesh, Shimla.

4. Principal Secretary (Irrigation & Public Health) to the Government of Himachal Pradesh, Shimla.

5. Pollution Control Board, through its Member Secretary, Himachal Pradesh, Shimla.

6. Union of India, through its Secretary (Environment), Government of India, New Delhi.

7. Northern Railway through its Divisional Manager, Ambala (Haryana).

8. Himachal Pradesh State Electricity Board, through its Secretary, Kumar House, Shimla.

9. Deputy Commissioner, Solan, District Solan, Himachal Pradesh.

10. Municipal Council, Parwanoo, through its Executive Officer, District Solan, H.P.

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11. Engineer-in-Chief (I.P.H.), U.S. Club, Shimla.

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21. Notice. Mr. Anup Rattan, learned Additional Advocate General, appears and waives service of notice on behalf of respondents No.1,2,3,4,9 & 11; Mr. Tara Singh Chauhan, Advocate, waives notice on behalf of respondent No.5; Mr. Ashok Sharma, learned ASGI, assisted by Ms. Sukarma Sharma, Advocate, on behalf of the Union of India-respondent No.6; Mr. Rahul Mahajan, Advocate, on behalf of Indian Railways-respondent No.7; and Mr. Vivek Sharma, Advocate, on behalf of H.P. State Electricity Board-

respondent No.8. Notice to M.C. Parwanoo. Service to be effected through Secretary, H.P. Pollution Control Board.

22. We request Ms. Jyotsna Rewal Dua, learned Senior Advocate, to also assist as an Amicus Curiae in the same. Orders, dated 14th November, 2017, 21st November, 2017, 27th November, 2017 as also present order alongwith the affidavit filed by the Pollution Control Board shall be placed on the file of this petition. Registry to supply paper book, complete in all respects, to all learned counsel by 29th November, 2017.

23. Similarly, on the issue of renewal of Heritage status of the Kalka-Shimla Railway line as World Heritage UNESCO Site, we direct the Registry to separately register a fresh petition. On our request Mr. B.C. Negi, learned Senior Advocate, and Mr. Arjun K.

Lall, Advocate, have agreed to assist in this petition as Amicus Curiae. The following shall be impleaded as party-respondents:-

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1. Union of India, through its Secretary (Environment), .

Government of India, New Delhi.

2. Ministry of Railways, through its Secretary, Government of India, New Delhi.

3. State of Himachal Pradesh through Chief Secretary to the Government of Himachal Pradesh, Shimla.

4. Principal Secretary (Tourism) to the Government of Himachal Pradesh, Shimla.

5. Director (Tourism), Government of Himachal Pradesh, Shimla.

6. Northern Railway, through its Divisional Manager, Ambala, (Haryana).

24. Notice. Mr. Ashok Sharma, learned ASGI assisted by Ms. Sukarma Sharma, Advocate, appears and waives service of notice on behalf of U.O.I.-respondents No.1&2; Mr. Anup Rattan, learned Additional Advocate General, on behalf of respondents No. 3 to 5;

and Mr. Rahul Mahajan, Advocate, on behalf of respondent No. 6.

List on 1st December, 2017.

                                                      ( Sanjay Karol ),
                                                      Acting Chief Justice


                                                   ( Ajay Mohan Goel ),
    28th November, 2017(K/sd)                            Judge




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